The Supreme Court has spoken, and we won. Video games have been provided with the same protection as books, movies, music and all other forms of art. One of the majority Justices, Antonin Scalia wrote:

Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And "the basic principles of freedom of speech . . . do not vary"

Wow. Looks like we’ve got friends in high places, or at least non-crazy people in high places.